408 F.Supp.3d 583
E.D. Pa.2019Background
- Safehouse, a Pennsylvania nonprofit, proposed an Overdose Prevention Site with medically supervised consumption and observation rooms, sterile equipment, fentanyl test strips, emergency medical intervention, and referrals to treatment; staff will not handle or provide controlled substances.
- The United States sued for a declaratory judgment seeking to enjoin operation under 21 U.S.C. § 856(a)(2) (the “crack house” statute); Safehouse counterclaimed and invoked RFRA.
- The case was decided on the pleadings (Rule 12(c)); the controlling legal question was statutory interpretation of § 856(a)(2): whether Safehouse would “make available for use…for the purpose of unlawfully…using a controlled substance.”
- The court found the statutory language susceptible to multiple interpretations, reviewed textual canons and legislative evidence (particularly the 2003 PROTECT Act amendment), and rejected reliance on circuit precedent that read § 856(a)(2) more broadly.
- Holding: (a)(2)’s “for the purpose of” refers to the actor’s purpose (the person who manages/controls the place) and requires that facilitating unlawful drug use be a significant (not merely incidental) purpose; applying that standard, Safehouse’s harm-reduction purpose does not violate § 856(a)(2).
- Because § 856(a)(2) did not apply, the court denied the Government’s motion for judgment on the pleadings and declined to reach the Commerce Clause question; Safehouse’s RFRA claim was moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 856(a)(2) prohibits Safehouse’s consumption rooms | §856(a)(2) applies broadly; making property available where illegal use occurs violates the statute | Safehouse’s primary purpose is harm reduction/medical care, not to facilitate unlawful use; CSA does not authorize criminalization of medical practice | §856(a)(2) does not reach Safehouse: Safehouse’s purposes are lawful and not a significant purpose to facilitate unlawful use |
| Whose purpose does “for the purpose of” refer to | Government: refers to the purpose of the third-party users (so actor’s intent irrelevant) | Safehouse: refers to the purpose of the place or the actor managing it | Court: refers to the actor’s purpose (person who makes the place available) |
| How to measure the proscribed purpose (sole, any, or significant purpose?) | Any purpose that permits or requires unlawful use suffices | Purpose must be the primary/sole objective; incidental/medical aims are excluded | Proscribed purpose must be a significant or one of the primary purposes (not merely incidental) |
| Whether the CSA or Gonzales authorizes Safehouse’s activities | Government: CSA and scheduling show medical use of many illicit drugs is not accepted; statute may criminalize Safehouse | Safehouse: Gonzales limits federal regulation of legitimate medical practice; CSA does not affirmatively prohibit harm-reduction sites | Court: Gonzales distinguishable; no express CSA authorization exists but statute, properly read, does not criminalize Safehouse’s harm-reduction purpose |
Key Cases Cited
- Gonzales v. Oregon, 546 U.S. 243 (2006) (limits Attorney General power to redefine legitimate medical practice under the CSA)
- United States v. Chen, 913 F.2d 183 (5th Cir. 1991) (interpreted §856(a)(2) to require only knowledge of third-party use; court here critiques and rejects Chen’s reasoning)
- United States v. Tamez, 941 F.2d 770 (9th Cir. 1991) (followed Chen’s logic on §856(a)(2))
- United States v. Oakland Cannabis Buyers’ Coop., 532 U.S. 483 (2001) (medical necessity is not a defense to CSA distribution prohibitions)
- United States v. Bass, 404 U.S. 336 (1971) (criminal statutes should be construed narrowly; legislatures, not courts, define crimes)
- United States v. Wiltberger, 18 U.S. (5 Wheat.) 76 (1820) (Marshall on strict construction of penal laws)
- United States v. Coles, [citation="558 F. App'x 173"] (3d Cir. 2014) (nonprecedential panel decision consistent with viewing the actor’s purpose as controlling)